Ordinance 2003-61/~ %[%']~-... ~\ ORDINANCE NO. 2003- 6~_ iI-~I! ?: ~''
DINANCE OF THE BOARD OF CO COMMISSIONE F
~e_~ '- ~IER COUNTY, FLORIDA, ESTABLISHING A FEE PAYII~E-~T--
~zz~SIS__~'Z'~zZ. 6~. SISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE
~---°~SINESSES TO MITIGATE THE ECONOMIC EFFECTS OF
INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY
AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT
AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING
SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS;
PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR
IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR A TERMINATION DATE.
WHEREAS, Collier County has historically depended upon tourism, agriculture,
and, in more recent years, construction as major components of its economic base, all
of which are very susceptible to economic cycles and downturns in the economy; and
WHEREAS, the Board of County Commissioners of Collier County (Board)
desires to promote and foster economic diversification through the retention and
creation of high wage jobs in targeted industry clusters; and
WHEREAS, programs to offer relief for targeted industry recruitment or
expansion projects from rising costs associated with these projects will contribute
significantly to economic diversification efforts throughout the County; and
WHEREAS, Impact Fees present the greatest inhibition to economic
diversification efforts due to the fact that they are the highest fees charged to new
development; and
WHEREAS, programs to offer relief for eligible new development or
redevelopment projects from rising Impact Fee rates will contribute significantly to
economic diversification efforts throughout the County by encouraging private sector
investment thereby enabling local businesses to be more globally competitive,
increasing local business expansion opportunities, and thus offering increased
employment opportunities for Collier County residents; and
WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact
ordinances necessary for the exercise of its powers; and
WHEREAS, enactment of the following ordinance will be in the public interest
and serve a valid public purpose; and
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WHEREAS, the payment and collection of impact fees in Collier County are
respectively covered by Section 74-202(g) and Section 74-501 of the Code of Laws and
Ordinances of Collier County; and
WHEREAS, on March 12, 2003, the Board directed staff to move forward with
proposals for a "toolbox" of economic diversification incentives to further these efforts.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier
County Code of Laws and Ordinances as follows:
ARTICLE II
FEE PAYMENT ASSISTANCE PROGRAM
Section 49-20. Applicability.
This article applies to the unincorporated area of Collier County, Florida, and to
all incorporated areas of Collier County to the greatest extent authorized by Article VIII,
Section l(f) of the Florida Constitution as may be implemented by an intergovernmental
or interlocal agreement.
Section 49-21. Purpose.
The purposes of this article are to: (1) provide a performance-based program
offering financial relief for eligible targeted industry development or expansion proiects
in Collier County to mitigate the effects of rising Impact Fee rates; (2) provide for the
economic well being of Collier County residents by providin.q hi.qh-wa.qe emDIovment
opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's
economy; and (4) encourage investment opportunities for new or existing companies
thus increasing and diversifying the County's tax base.
Section 49-22. Specific Definitions.
When used in this article, the following terms have the meaning stated, unless
the context cleady indicates otherwise.
A. "Averaae Wage" is the annual rate paid to private-sector employees within
Collier County, from highest to lowest divided by number of persons
employed full-time, as reported by private-sector employers in the State of
Florida who are covered by federal and state unemployment compensation
laws (UC), and reported annually based on figures released by the Florida
Agency for Workforce Innovation.
B. "Eastern Collier County" is that area of unincorporated Collier County that
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includes those parcels of land immediately adjacent to, and east of, Collier
Boulevard, except for those parcels designated as part of the Immokalee
Rural Federal Enterprise Community.
C. "Hiqh Impact" is that designation given to qualifying economic development
projects located outside of Eastern Collier County and the Immokalee Rural
Federal Enterprise Community.
D. "Impact Fee" means the fee imposed by the County pursuant to Section 74-
201 or, if applicable, the Alternative Impact Fee.
E. "Rural Federal Enterprise Community" is that iurisdiction so designated by
the U.S. Department of Agriculture as a multi-jurisdictional entity including
Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County
and the Seminole Indian Reservation; the Enterprise Community boundaries
in Collier County follow the Immokalee Enterprise Zone boundaries, a
designation by the State of Florida, pursuant to Section 290.001-290.016,
Florida Statutes,
F. "Targeted Industry" is one that is aggressively pursued for relocation to, or
expansion within, the local jurisdiction by the Economic Development Council
of Collier County. It may include, but is not limited to, the following industries:
Aviation, Information Technology, Biomedical, Manufacturing, Corporate
Headquarters, Research and Development, Wholesale Trade and
Distribution, and businesses locating or expanding within the Immokalee
Rural Federal Enterprise Community.
Section 49-23. Fee Payment Assistance Program.
General Requirements. Pursuant to the provisions set forth in this section, the
County establishes a Fee Payment Assistance Program for the payment of Impact Fees
for eligible development proiects, The Fee Payment Assistance Program will be eligible
to projects located within commercial, industrial, business park, and technology park
land uses.
A. Application Process. Any business seeking eligibility for payment through the
Fee Payment Assistance Program must file with the County Manager an
Application for payment prior to making the decision to locate or expand within
Collier County. The Application must contain the following:
1. The name and address of the business Owner; and
2. A current and complete legal description of the site upon which the
project is proposed to be located; and
3. The type of business proposed, using Standard Industrial Classification
(SIC) or North American Industrial Classification System (NAICS); and
4. The number of iobs to be created and retained as a result of the
project; and
5. The average wage of those jobs created and retained; and,
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6. The total capital investment of the expansion or relocation project,
includinq land, building, and equipment costs; and
7. The date (month and year) when the project will be substantially
complete.
B. Agreement. If the proposed project meets the requirements for payment
under the Fee Payment Assistance Program as set forth in this article, th~,
County Manaqer is authorized to enter into an agreement with the business
Owner as set forth below. The Fee Payment Assistance Proqram will pay no
more than the amount of Impact Fees due pursuant to Section 74-202 of the
Collier County Laws and Ordinances.
Section 49-24. Implementation.
A. Under this Fee Payment Assistance Program, the eligible business will
pay its tax bill in full to the Tax Collector's Office annually on or before the date it
is due. The Proqram obligation period will be no longer than ten (10) years if the
project is located outside the Rural Federal Enterprise Community (hereinafter
"Enterprise Community"), or no longer than fifteen (15) years if the project is
located within the Enterprise Community. Companies located in a High Impact
area, that is an area outside the Enterprise Community and Eastern Collier
County, must be pre-approved for program participation by the Board of County
Commissioners and, if so approved, are obligated to this program for a maximum
of ten (10) years. Companies will be eligible for a maximum payment amount,
not to exceed the cost of the above-described fees multiplied by the current
millage rate then multiplied by either 10 (proiects located in areas outside the
Enterprise Community) or 15 (projects located within an Enterprise Community).
Any payment made under this pro.qram is subject to funding availability. A
development project participating in the Fee Payment Assistance Program is not
eligible to also participate in the Property Tax Stimulus Program that may be
offered by the County.
B. The eligible business under the Fee Payment Assistance ProRram will
enter into a Fee Payment Assistance Program ARreement (the Agreement) with
the County, and the Agreement must provide for, as a minimum, the followin~
and will include such provisions as may be deemed necessary by the Board to
effectuate the provisions of this article:
1. The legal description of the development.
2. That the amount of the Impact Fees paid by the Program will in all
events become due and payable and shall be immediately re-paid to the
County by the property owner if the property is sold or transferred without
prior written approval from the County at any time after the first certificate
of occupancy has been issued for the development and prior to the 10
year obliQation period, or prior to the 15-year obli.qation period 'for a project
within an Enterprise Community, and the Impact Fees must be paid in full
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to the County. Any outstanding (i.e., as yet not repaid) Impact Fee
amounts previously paid under this Program will become due and payable
and must then be immediately repaid to the County in the event of sale or
transfer prior to expiration of the Program obligation period. If not so re-
paid, the obligation will be a lien on the property under the followin.q
subsection.
3. The payment of Impact Fees via the Fee Payment Assistance-
Program will constitute a lien on the eligible business's property which lien
may be foreclosed upon in the event of non-compliance with the
requirements of the Agreement. The amount specified in an a~3proved
Agreement will serve as the amount of a lien against the development and
the real property upon which the development is located. Neither the
payment of Impact Feest nor the Agreement providing for the payment of
Impact Fees, may be transferred, assigned, credited or otherwise-
conveyed from the property without prior written approval from the County.
4. The County's interest may be subordinated to all first mortgages or
other co-equal security interests, and will automatically be subordinate to
the Owner's previously recorded first mortgage and/or any government
funded affordable business loan such as the U.S. Small Business
Administration (SBA) or the U.S. Department of Agriculture (USDA) loan.
5. Upon satisfactory completion of all requirements of the Agreement,
the County may record any necessary documentation evidencing same,
including, but not limited to, a release of lien. The lien will not terminate
except upon the recording of a release or satisfaction of lien in the publir.
records of Collier County.
Such release will be recorded upon payment in
full or satisfaction.
6. In the event the non-County party is in default under th~.
Agreement, and the default is not cured within thirty (30) days after written
notice is provided to the Owner, the Board may bring a civil action to
enforce the agreement or declare that Program's payment of the Impact
Fees not yet recouped and previously paid under this Program are thence-
immediately due and payable. The Board is entitled to recover all fee-~
and costs, including attorney's fees and costs, incurred by the County in
enforcing the Agreement, plus interest ,at the then maximum statutory rat~,
for final judgments, calculated on a calendar day basis until paid
7. Approved Agreements will be recorded in the Official Records of
Collier County at no cost to the County.
C. Termination
The provisions of this article will expire and be void on October 1, 2008, unless
continued by a vote of the Board of County Commission prior to this date.
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Section 49-25. Program Elic~ibility Criteria.
To be considered eligible for approval under this Program, a business or project
must meet the criteria of one of the following categories:
1. Be located within Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the Targeted Industry List of
the Economic Development Council of Collier Count¥~ and
b. Creates a minimum of ten (10) new full-time iobs; and
c. The newly created iobs pay an average wage of at least 115% of
the County's current private-sector average wage.
2. Be located within the boundary of the Immokalee Rural Federal Enterprise
Community and meet the followin~l criteria:
a. Create a minimum of five new jobs; and
b. The newly created iobs pay an average wage equal to or greater
than 50% of the County's current private-sector averaqe wage.
3. Be a High Impact proiect and be located outside the Enterprise Community
and Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the Targeted Industry List of
the Economic Development Council of Collier County; and
b. Creates a minimum of twenty (20) new full-time jobs; and
c. The newly created jobs pay an average wage equal to or greater
than 150% of the County's current private-sector average wage.
d. Each application for program participation must have approval by
the Board of County Commissioners.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive will apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion will be deemed a separate, distinct and independent provision and such
holding will not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES.
The provisions of this Ordinance are to be made a part of the Code of Laws and
Ordinances of Collier County, Flodda. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
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SECTION FOUR: EFFECTIVE DATE,
This Ordinance will immediately become effective upon the last date of
occurrence of all three of the following events, regardless of the order in which they may
occur:
1. the date of filing of this Ordinance with the Secretary of State;
2. the date of adoption of a Resolution by the Collier County Community
Redevelopment Agency (CRA): a) recommending the allocation of fifty percent (50%)
of the Tax Increment Financing (TIF) funds associated with the qualifying eligible
business to partially fund the Fee Payment Assistance Program; and b) recommending
the Board's amendment of the redevelopment plan to authorize use of TIF funds as a
funding source for certain Board of County Commissioners' approved programs; and
3. the effective date of ordinances by the Board of County Commissioners
adopting appropriate amendments to modify the Collier County Community
Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment
of property taxes to eligible business located in the Immokalee Enterprise Zone and
expanding the boundaries of the Immokalee Redevelopment Area to include the
Immokalee Enterprise Zone in its entirety.
Collier County, Florida this l~ day of
PASSED AND DULY ADOPTED by the Board of County Commissioners of
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
~--leg~l sufl[i~ency:
Pat'fick"~.. White-
Assistant County Attorney
BOARD OF COUN~COMMtSSIO~',,
OF COLLIERCOUN~, ~ EORIDA~
.... ..
..
Tom Henni~g
reto~ of StQte~s Office the
Qnd ~cknowledgemen~f
fili~. ~[~ t~ 1~T day
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003-61
Which was adopted by the Board of County Commissioners on
the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
Of November, 2003.
DWIGHT E. ~ BRocK..~"~> ....
Clerk o f · 'Cour~ ~7-~d~'~-}~ e rk
Ex-officio ~,o Board
County' Com~issd. oners
Deputy C t. ~'~. ~k~ ~'